사기
Acquittal of the accused shall be acquitted.
1. On January 13, 2012, the Defendant: (a) around 07:00, the facts charged in the instant case were conducted on an entertainment drinking house in the name of “C” located under B of Jung-gu Seoul, Jung-gu, Seoul; (b) the Defendant, despite having an intent and ability to settle the price, was committed as if he would make the payment for alcoholic beverages later in a normal manner even though he had no intent and ability to do so; and (c) the Defendant did not receive services equivalent to KRW 230,000,000, equivalent to KRW 70,000,000 for the sales price of alcoholic beverages; and (d) placed an order on an one-time basis with an amount of KRW 5,10,000,000 for alcoholic beverages beverages amounting to KRW 5,50,30,000; and (d) received services equivalent to KRW 40,000,000 for music services.
2. According to the judgment adopted and examined by the court at this court of habitual fraud and the records of case search, the fact that the defendant was sentenced to ten months of imprisonment with prison labor for habitual fraud, etc. at the Jung-gu District Court on August 23, 2012, on the grounds of criminal facts, including the fact that a majority of criminal record of fraud was taken away from the main points on June 1, 2012 and July 13, 2012, and the judgment became final and conclusive on October 27, 2012.
3. The facts charged of the crime of the above final judgment and the facts charged of the fraud of this case committed prior to the pronouncement of the judgment are considered to have been reduced by the realization of the defendant's fraudulent habits in light of the method of crime and the criminal records of the defendant. Thus, the facts charged of this case are related to habitual fraud of which the judgment became final and conclusive.
Therefore, the above final judgment is also effective in the facts charged in this case, and it constitutes a final judgment and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.